Document MdqGqXkeVddVxO9EN3gKzBN7
fV /" 1
2
3
UNITED STATES DISTRICT COURT OISTRICT OF SOUTH CAROLINA . GREENVILLE DIVISION
GREENVILLE COUNTY SCHOOL DISTRICT, )
r4-L-E-OI
JAN 2 0 854
JOHN W. WILLIAMS, CLERK U.S. DISTRICT COURT.
4
PLAINTIFF, v
3 CIVIL ACTION NO. 32^^142-
)
5 VS.
)
6 U. S. GYPSUM CO., ET AL.,
7 DEFENDANTS.
S
9 SPARTANBURG COUNTY SCHOOL DIST. SEVEN,
10 PLAINTIFF,
11 VS .
12 NATIONAL GYPSUNOCO., ET AL.,
13 DEFENDANTS.
14
UNITED STATES COURTHOUSE
D COLUMBIA, SOUTH CAROLINA!
D MONDAY, JANUARY 9, 1984 i
D 2:15 P.M. - 2:40 P.M.
'
O
}
)
)
)
) CIVIL ACTION NO. 83-1744t
5
)
)
.) tojhSESI
' FFR ta |*i
Tj 15
PARTIAL TRANSCRIPT OF MOTION PROCEEDINGS
16 HAD BEFORE HONORABLE WILLIAM W. WILKINS, DISTRICT jOOGc----
17
li [TRANSCRIPT ORDERED BY: PATRICK MICHAEL DUFFY, ESQ.
19 appearances:
20 FOR 'THE PLAINTIFFS
21
22 FOR THE DEFENDANTS
23 UNITED STATES GYPSUM CO.
24
25
DANIEL A. SPEIGHTS, ESQ. ANN KIMMEL, ESQ. 304 LEE AVENUE HAMPTON, SOUTH CAROLINA
ROBINSON, MCFAODEN, MOORE, POPE, WILLIAMS, TAYLOR C BRAILSFORD ' BY: WILLIAM L. POPE, ESQ.
FRANK R. E'lLERBE, III, ESQ.
.2^ PtP.ELKO:-/S _
K>* 13. AS Cf
~7 . f. ? -
.
PHILLIP W. LOTER OFFICIAL REPORTER
j:-
TAB
.. CPROCEEDINGS RESUMED AT 2:15 P.M.)
^THE COURT: WELL# I HAVE CONSIDERED THESE THINGS. 2
c 3 I PLACE ALL THE PARTIES ON NOTICE THAT THIS ORDER IS BEING 4 ISSUED WITH THE COURT'S FULL UNDERSTANDING AND INTENTION TO*'"-! I 5 APPLY RULE 37CBX2XC) TO ANY OFFENDING PARTY OF THIS ORDER,
6 WHICH WILL INCLUDE THE COURT ENTERING A DEFAULT JUDGMENT OR
7 DISMISSING THE ACTION AGAINST THE OFFENDING PARTY.
8 THERE MUST BE A TIME WHERE THESE MATTERS ARE LAID TO REST
9 AND YOU GET ON TO NEW 8USINESS AND THE BUSINESS OF RESOLVING
10 THIS CONTROVERSY.
11 ALL THE DEFENDANTS SHALL ANSWER WITHIN 30 DAYS. I MIGHT
12 ADD THAT THE COURT IS GOING TO REVIEW THE RESPONDING ANSWERS
13 WITH ITS INTERPRETATION OF GOOD FAITH, REASONABLE EFFORT TO
i
14 COMPLY, AND WILL NOT DEAL NOR ALLOW JUSTIFICATION TO 3E BASED 1
15 ON SEMANTICS.
.t
16 ALL DEFENDANTS SHALL ANSWER THIS INTERROGATORY THAT THE
17 COURT.PROPOUNDS, WHICH IS PERHAPS A COMBINATION OF NUMBERS THAT
18 jHAVE-ALREADY 8E5N PROPOUNDED. THE DATE THAT THE COMPANY OR
I
J1 ITS OFFICERS OR ITS AGENTS OR ITS EMPLOYEES, TO THE BEST OF
23 'THAT COMPANY'S ABILITY, MUST STATE THE DATE THAT THESE |-
' .
21 |INDIVIDUALS RECEIVED INFORMATION, WRITTEN OR ORAL, FIRST 3ECAME
AWARE OF, FIRST BECAME SUSPICIOUS OF THE FACT THAT ASBESTOS *
\N 23 MAY BE A HARMFUL SUBSTANCE, AND ALL SIMILAR^ INFORMATION SINCE
v '} 'i 2-1 THAT FIRST DATE.
25
4 5 !
THIS
INCLUDES
INFORMATION ACQUIRED
1 NO 1VIDUA^^8^TH^^^ | ^^UUNTTFF^^' EXHIBIT
> *>
I 3MPANY, ITS OFFICERS, AGENTS, EMPLOYEES, AND INFORMATION 7HA 2 AS GENERALLY KNOWN IN THE INOUSTRY. AND IT ALSO INCLUDES IANY 3 ACTS, ANY DATA, ANY REPORTS, ANY OPINIONS WHICH TEND TO SUPPo 4 HE BELIEF THAT ASBESTOS IS A HARMFUL PRODUCT TO HEALTH. "[}
5 FURTHER, THE DEFENDANTS SHALL ANSWER WITHIN 30 DAYS 6 ORTIONS OF THE SUGGESTED INTERROGATORY SUBMITTED BY THE
7 LAINTIFF, WHICH I WILL FILE THE ORIGINAL WITH THE COURT AND
8 T WILL BE MAINTAINED AS A RECORD OF THIS COURT. COPIES SHALL v'C
9 iE MADE AVAILABLE TO THE DEFENDANTS' ATTORNEYS. AND THIS
10 NTERROGATORY ON THIS PAGE, I HAVE STRUCK THROUGH THOSE ITEMS
11 fHICH IT IS NOT A REQUIREMENT TO THIS ORDER TO BE ANSWERED.
12 ALL OF THESE QUESTIONS AND ITS SUB TYPE SHALL BE ANSWERED 13 IXCEPT QUESTION OR SECTION NUMBER `M*, NUMBER 'N', NUMBER 'O',
14 rHE PORTION OF SECTION *Q' WHICH STATES "THE BRANO NAME OF THE
IS REPLACEMENT PRODUCT"; SECTION 'R' AND SECTION 'S'.
16 IN EFFECT, WHAT THIS DOES, BECAUSE OF THIS GREAT FEAR THAT i
17 THE.BRAND NAME NOT BE DISCLOSED, ALTHOUGH SOME NAMES HAVE
!
IS ALREADY BEEN DISCLOSED,'I STILL BELIEVE AND DO BELIEVE THAT
.
19 THE PLAINTIFF, IF THESE QUESTIONS ARE ANSWERED, WILL HAVE THE
20 INFORMATION NECESSARY TO INVESTIGATE THE RESPONSE TO THE FIRST .I
21 INTERROGATORY THAT 1 HAVE DICTATED INTO THE RECORD.
1
THE QUESTION, SECTION 'A', DEALS WITH THE TYPE OF PRODUCT
23 AND IF IT IS ACOUSTICAL PLASTER, ACOUSTICAL PLASTER SHOULD
24 BE LISTED. THE DATE THAT THIS PARTICULAR ACOUSTICAL PLASTER
25 WAS PRODUCED. THE LAST DATE IT WAS PRODUCED^SC^ngJLH. the
EXHIBIT